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Hi I'm attorney Ron rusty in this video I want to cover what happens in a final period for dissolution of marriage or uncontested divorce the procedure of course can vary and depend upon the individual magistrate or judge first some things to remember always dress appropriately you can dress casual but don't wear shorts or a tank top show respect to the court speak up when you answer any questions most importantly know what is in your papers do not show hesitation or doubt about what is in your papers or that you want to be divorced or to have your marriage dissolved if you or your spouse seem to be unsure about whether the divorce or dissolution should be granted or if you're unsure about the terms of your divorce or whether everything is fair the judge will usually stop here and say that you should talk to a member of the court staff or a lawyer before the case can go any further who is required at the final hearing in the dissolution of marriage both husband and wife must attend the final hearing if one doesn't show up the case will either be continued to another date or the case will be dismissed in an uncontested divorce only the plaintiff has to attend the final hearing and the basis of the divorce is usually incompatibility or a one-year period of separation a witness is required in an uncontested divorce to vouch for and confirm the basis for the divorce witness can be any adult be it a friend or family member who knows that the parties are incompatible or who knows that they had been living separate and apart for more than one year there are some red flags which could stop your divorce from being approved let's go over some things that usually stick out real estate if the real estate was acquired during the marriage and if it has any significant equity and is not being fairly split this is a red flag to the judge equity is the difference between what the property is worth and what is owed on the mortgage if the real estate was acquired before the marriage then it is considered to be the separate property of the spouse who brought it into the marriage if the real estate has little or negative equity there is no issue sometimes the value of the real estate is offset by another asset such as when the wife is keeping the house and the husband are keeping his retirement account and the two are roughly equal in value retirement accounts are marital asset if they were accumulated during the marriage if one spouse has a large retirement account that is not being split that is a red flag if a retirement come was accumulated before the marriage it is the separate property of that spouse if a retirement count is of little value or if the value is offset by another asset that the other spouse is keeping there's no problem often each party's keeping their own retirement account and waiving any interest in the retirement account of the other difference of income if it is a long-term marriage and there is a considerable difference in the incomes or...
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